| Criminal Complaint (charge someone with a crime under the Criminal Code) [1907] Concrete Slab v. New Haudenosaunee Confederacy |
As many of you are aware of, the Local Councillor elections are ongoing. Both New Haudenosaunee Confederacy are in the running for one of the three positions available. However, during the first round, I was alerted by one of my constituents, Laluna Isle that the nation, Rustonsopia, had been telegramming nations voting for me, encouraging them to switch their votes. Here is a copy of the telegram, as relayed by Laluna Isle:
-Hello. If you are receiving this telegram, you have voted for Concrete Slab. page=poll/p=137963 I urge you to change your vote. Concrete Slab is running for re-election, and in his previous term was found to be corrupt by the High Court of the South Pacific. Would you want a corrupt guy in office? I wouldn't.- This would ordinarily be normal, except for one thing. The nation sending the telegram had been founded only two days ago at the time and had never once entered The South Pacific, but it was able to reference deep within the forums where my corruption case was found. I thought it strange such a young foreigner knew about the Local Council elections, much less the forums, when it had never entered the region. It was then I assumed the nation of Rustonsopia was a puppet of a nation currently residing in The South Pacific. But who would do such a thing? It would most likely be a nation who was also running for the position of Local Council, knew I was a threat due to my previous underdog victory, and had a strong dislike for me. Who would this be, other than the person who authored my corruption case, New Haudenosaunee Confederacy? After doing some research, I found a crucial piece of evidence to support my claim. The nation of Rustonsopia had a single card transaction. The selling of the ultra rare, TSP card of Pricvatore to NHC. Now as an avid card farmer, nations do not ordinarily gift cards to a nation unless it is a puppet of said nation, especially with a nation as young as Rustonsopia. Furthermore, minutes after the nation gifted the card to NHC, NHC logged onto his World Assembly nation of NHCs Brick Wall. I believe this makes New Haudenosaunee Confederacy guilty of Clause 2 of the Criminal Code, which states, "(2) Identity fraud shall be defined as a deception made of one's self, or knowingly abetting in another's claims to a false identity, wherein this fraud threatens the security of The South Pacific, or circumvents the laws and legal processes of The South Pacific." Moreover, when I publicly accused NHC on the rmb, the nation of Rustonsopia had activity less than four minutes ago. However, since the accusation, the nation has not shown any activity. The argument can be found starting on here.
Concrete Slab
Coral Guard Member 5x Local Councillor TSP Legislator and Citizen Ambassador to the League Author of GAR #471, #479, and SCR #271 Co-author of SCR #300 Founded 1/25/18
I would further like to note NHC is dropping out of the election hours after these claims were made.
https://www.nationstates.net/page=rmb/postid=34610430
Concrete Slab
Coral Guard Member 5x Local Councillor TSP Legislator and Citizen Ambassador to the League Author of GAR #471, #479, and SCR #271 Co-author of SCR #300 Founded 1/25/18
(02-28-2019, 05:52 PM)Concrete Slab Wrote: I would further like to note NHC is dropping out of the election hours after these claims were made.For completely unrelated reasons. You're basically taking my forfeit out of context.
how am i even still a legislator at this point...?
I am not sure if amicus curiae briefs are allowed on the question of probable cause. If they are, I have submitted this below as my amicus curiae:
I suggest to the court that probable cause has not been established. The crime of identity fraud requires that the act "threatens the security of The South Pacific, or circumvents the laws and legal processes of The South Pacific." (Criminal Code 1.2). I am not aware of a law or legal process around advertising for elections (except for the use of regional powers). If that is so, NHC's act could not have circumvented such laws or legal processes, as they are non-existent. Assuming my reasoning is correct, it is therefore required to be established that there is probable cause that NHC's deception threatens regional security. I find it incredibly hard to believe that telegrams which NHC could have sent from their account without question of legality suddenly become a security risk when sent from a different account. As such, I suggest that probable cause has not been established and the case should be rejected.
Former Associate Justice of the High Court of the South Pacific (4 December 2019 to 5 February 2021)
Your Honour, if amicus curiae briefs are indeed allowed on the question of probable cause, I submit this brief below:
According to Concrete Slab's initial statement to the Court, Rusontopia's telegram states: Rusontopia Wrote:-Hello. If you are receiving this telegram, you have voted for Concrete Slab. page=poll/p=137963 Meanwhile, the Criminal Code states: Criminal Code Wrote:(2) Identity fraud shall be defined as a deception made of one's self, or knowingly abetting in another's claims to a false identity, wherein this fraud threatens the security of The South Pacific, or circumvents the laws and legal processes of The South Pacific. If Rusontopia refers to the first case of New Haudenosaunee Confederacy v. Concrete Slab, in which Concrete Slab was indeed found guilty, according to Your Honour's verdict on the case, Concrete Slab was found guilty but was only given an admonition as he reversed his decisions. See below: (12-26-2018, 11:00 AM)Kris Kringle Wrote: B. Verdict Rusontopia, however, could have referred to the second case of New Haudenosaunee Confederacy v. Concrete Slab, which as of time of writing is ongoing and thus the High Court could not have found Concrete Slab's term guilty of corruption. Whether the telegram refers to the first or second case, it warrants a violation of Article 1 Section 10 of the Criminal Code, as it is the "communication of false or grossly misleading information about an individual to a recipient, for the purposes of damaging the standing of that individual and done so with a reckless disregard for its factual accuracy." If it is found true that NHC was puppeteering Rusontopia, the fact that the telegram was a violation of the Criminal Code makes himself a violator of the Criminal Code as well, specifically Article 1 Section 2 as it "circumvents the laws and legal processes of the South Pacific." All the emphases made, aside from "B: Verdict", were made by me. The Sakhalinsk Empire, Legislator of the South Pacific
Currently a citizen and legislator of TSP. I am active as Sverigesriket in Europe. Complete Conflict of Interest ![[-]](https://tspforums.xyz/images/sidr/blue/collapse.png)
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Can @Concrete Slab explain in what way exactly does negative campaigning threaten regional security or circumvent regional laws?
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Amicus Curiae time!
It's hard to argue that the campaigning itself is against the law, since it is true that Concrete Slab has been found guilty of corruption. However, what *could* be against the law is if NHC did the campaigning and then lied about it. If NHC was in control of the nation Rustonsopia, did not include it in his CoI, and lied about not having control of that nation, that may count as circumventing the law. He would have not provided a full and accurate conflict of interest declaration, in order to distance himself from his own campaigning and avoid negative perceptions from that. However I don't think it's entirely clear whether this would be included in a COI declaration, if the laws actually require such detail of COI declaration in a Local Council election, and if NHC does own the nation anyway...
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(03-03-2019, 01:05 PM)Kris Kringle Wrote: Can @Concrete Slab explain in what way exactly does negative campaigning threaten regional security or circumvent regional laws? I was a Concrete Slab voter and received the same telegram. If it's the use of an undeclared puppet nation it violates the requirement we all had as LC candidates to declare our puppets. If it's a candidate presenting a remark or campaign it can be judged as such by voters, as opposed to being a comment by a supposedly impartial but keenly interested foreign nation. the LC laws dispatch pinned to the WFE states: "- Any nation running must be a resident of The South Pacific, and all candidates must file a Conflict of Interest disclosure, detailing their positions in other regions." I believe there is a strong possibility that this was violated in this case, and requested that this be investigated by the Election Commissioner here https://www.nationstates.net/page=rmb/postid=34589892 Legislator | Local Councilor | Aspiring TSP Curmudgeon Messages archived by the Ministry Of the Regal Executive - Bureaucratic Services
(03-03-2019, 01:05 PM)Kris Kringle Wrote: Can @Concrete Slab explain in what way exactly does negative campaigning threaten regional security or circumvent regional laws?@Kris Kringle The complain is not against negative campaigning, your honor. That is perfectly fine and allowed. What I wrote this complaint about is identity fraud, as NHC did not list Rustonsopia as one of his puppets in his Conflict of Interest at the time he was running for Local Councillor. I believe there is a strong possibility this was violated.
Concrete Slab
Coral Guard Member 5x Local Councillor TSP Legislator and Citizen Ambassador to the League Author of GAR #471, #479, and SCR #271 Co-author of SCR #300 Founded 1/25/18
![[Image: BYEo2lg.png]](https://i.imgur.com/BYEo2lg.png) Finding of Probable Cause Whereas Concrete Slab has requested this Court to indict New Haudenosaunee Confederacy through the following request:
I believe this makes New Haudenosaunee Confederacy guilty of Clause 2 of the Criminal Code
Whereas this Court is empowered by Article V, Section 1 of the Judicial Act to indict individuals when it finds probable cause that they may have committed a crime, as codified in the Criminal Code.
It is resolved with respect to this Review Request as follows:
It is so ordered. Kris Kringle Chief Justice Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System |
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